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HomeMy WebLinkAboutRES 2022-017RESOLUTION NO.2022-17 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND AMENDED TENTATIVE PARCEL MAP 37157 FOR THE MONTEREY CROSSING PROJECT, LOCATED AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND DINAH SHORE DRIVE CASE NO: TPM 37157 WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of May 2017, hold a duly noticed public hearing approving the request by Fountainhead Shrugged, LLC, for approval by Resolution No. 2017-39 of the above noted Tentative Parcel Map (TPM); and WHEREAS, the City Council adopted the Monterey Crossings Specific Plan and approved an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program pursuant to the State California Environmental Quality Act (CEQA) Guidelines by Ordinance No. 1323 on the 8th day of June 2017; and WHEREAS, an addendum to the Mitigated Negative Declaration has been ' prepared pursuant to CEQA according to Section 15162 through 15164 which does not raise important new issues or significant effects on the environment; and WHEREAS, the Applicant submitted a request to amend the conditions of approval for the revised project; more specifically, Condition No. 12 (a) of Resolution No. 2017-39 related to a striping modification on Dinah Shore Drive for an eastbound triple left turn lanes and provided an updated Focused Traffic Impact Report (TIA) for the addendum to the Mitigated Negative Declaration for the project; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of February, 2022, hold a duly noticed public hearing to consider the request for approval of the addendum to the Mitigated Negative Declaration (MND) and the TPM amendment; and WHEREAS, all of the findings, recommendations, and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including by not limited to the findings of the addendum to the MND and TPM amendment, all of which is incorporated herein by this reference; and ' WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. RESOLUTION NO.2022-17 WHEREAS, at said public hearing, upon hearing and considering all testimony ' and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: 1. The amendment does not propose any changes to the Monterey Crossing Specific Plan, as proposed, is consistent with the goals and policies of the Palm Desert General Plan. 2. That the amendment to the Tentative Parcel Map is not detrimental to the public health, safety or general welfare, or be materially injurious to the surrounding properties or improvements in the City of Palm Desert. 3. The Tentative Parcel Map has complied with the provisions of the California Environmental Quality Act in that an addendum to the Mitigated Negative Declaration has been prepared for the project and all potentially significant environmental impacts have been analyzed. In addition, according to Section 15162 through 15164, CEQA Guidelines it provides that an addendum to a previously adopted MND may be prepared if only minor technical changes or additions to the project are necessary or none of the conditions described in CEQA Guidelines Section 15162 call for the preparation of a subsequent environmental impact report or MND have occurred; and the Addendum to the Mitigated Negative Declaration demonstrates that: (a) there are no ' substantial changes proposed by the revised project or in the circumstances in which the project will be undertaken that require major revisions of the MND; (b) the proposed revisions do not require preparation of a new subsequent or supplemental MND, either due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) the revised project is consistent with the previous MND and would involve only minor changes. Therefore, the technical report provided by Kimley Horn dated January 11, 2022, meets the criteria for preparation of an MND Addendum as the appropriate CEQA document and indicate that the changes to the MND made by the Addendum do not raise important new issues about the significant effects on the environment. FINDINGS FOR APPROVAL: 1. That the density of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the project does not propose changes to the density of the subdivision, therefore, the project continues to be consistent to the general plan and specific plan. I 2 RESOLUTION NO. 2022-17 ' 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The amendment to the project design and improvements of the parcel map have been reviewed by the Planning Department, Fire Department, and Public Works Department for consistency with the General Plan and emergency services. 3. That the site is physically suitable for the type of development. The amendment to the project includes the removal of a requirement to stripe a third lane on Dinah Shore as provided in the updated Focused Traffic Impact Report which results found that the removal does not affect the project's suitability of the development of the 18-acre site. 4. That the site is physically suitable for the proposed density of development. The amendment to the project site remains physically suitable for the intensity of the development. 5. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and ' unavoidable injury to fish or wildlife or their habitat. The amendment to the project does not affect the design of the subdivision and the improvements are not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The amended design and layout of the parcel map are in compliance with all grading, drainage, shared vehicle access and parking requirements and the properties will be developed in accordance with the Uniform California Building Code. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The amended design of the project and type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the subdivision. 3 RESOLUTION NO. 2022-17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve the amendment to Tentative Parcel Map 37157 and approve the addendum to the MND as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 24th day of February 2022, by the following vote, to wit: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: JAN C. HARNIK, MAYOR NIAMH M. OR-rEGA, DEPUTY CITY CLERK CITY OF PALM DESERT. CALIFORNIA 12 RESOLUTION NO.2022-17 ' CONDITIONS OF APPROVAL CASE NO: TPM 37157 Amendment 1. Condition of Approval 12 (d) of Resolution No. 2017-83 is to be revised as the following: 12. Prior to City Council approval of final parcel map 37157, the applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off -site improvements including but are not limited to: (d) 'Traffic signal vehicle detection on Dinah Shore Drive and dual westbound left turn lanes on Monterey Avenue." 2. All remaining conditions of approval as stated in Resolution No. 2017-83 approved by City Council on May 25, 2017, will remain effective. 61